[Adopted 6-9-1952 by Ord. No. 256]
Permission is hereby granted to any public utility,
its successor, assign or lessee to construct, maintain and operate
such conduits, ducts, mains, pipes, cables, wires, manholes, terminal
poles and all other necessary appliances on, under and across the
streets and highways within the Borough of Honesdale, as each may
require, subject to the following terms and conditions:
A.
Construction and maintenance of a utility's appliances
shall be subject to the supervision of the Borough of Honesdale, and
said utility shall replace and properly relay the portion of sidewalk
or street pavement which it may displace or damage in said operations.
B.
Space on the terminal poles erected and in the conduits
constructed under the provisions of this article may be used, free
of charge, for the purpose of carrying wires of any fire alarm or
police telegraph system owned and maintained by said borough, provided
that said wires are placed and maintained in such a manner as may
be prescribed by the owner of said pole or conduit and that no use
shall be made of such space by the borough which will result in interfering
with or impairing of the operation of said owner's property or service
or which will endanger its property or employees.
C.
Each utility shall maintain all terminal poles, cables,
wires, conduits, ducts, mains, pipes, manholes and all other apparatus
erected or constructed under the provisions of this article in good
and safe order and condition and shall, at all times, fully indemnify,
protect and save harmless said borough from and against all actions,
claims, suits, damages and charges and against all loss and necessary
expenditures arising from the erection, construction and maintenance
of said works or from its neglect or failure to maintain said works
in good and safe order and condition.
The term "utility" above-mentioned shall include
each public utility now or hereinafter operating in said borough and
their successors, assigns or lessees.
